Request By:
Hon. Willie Hendrickson
Bell County Judge Executive
Courthouse
Pineville, Kentucky 40977
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl Miller, Assistant Attorney General
Mr. Larry R. Wilson, President, Yellow Creek Concerned Citizens, has appealed to the Attorney General under KRS 61.880 and stated the following:
"On November 17, 1980, our organization requested, verbally, from the Honorable Willie Hendrickson, Bell County Judge Executive, the time, date, and location of the next regular meeting of the Bell County Health Board. Judge Hendrickson chose not to give us this information. On December 3, 1980 we again requested this information by telephone; again the Judge chose not to tell us. On January 12, 1981, we wrote to Judge Hendrickson and again requested this information by telephone; again the Judge chose not to tell us. On January 12, 1981, we wrote to Judge Hendrickson and again requested the information under the Kentucky Open Records Law, KRS 61.870-61.884. Judge Hendrickson responded January 23, 1981 and notified us of a meeting to be held January 27, 1981; however, on that date he telephoned and stated that the meeting had been cancelled. We then learned that the meeting was conducted on February 3, 1981. We were not notified of this meeting. On February 20, 1981 we again wrote Judge Hendrickson and requested to know the next meeting date. Since that time we have heard nothing."
Mr. Wilson's complaint involves two Kentucky statutes, the Open Meetings Law, KRS 61.805-61.850, and the Open Records Law, KRS 61.870-61.884.
We will first point out that under the Open Meetings Law all meetings of public agencies shall be held at specifiec times and places which are convenient to the public and shall provide for a schedule of regular meetings by ordinance, resolution, bylaws or whatever other means may be required for the conduct of business of that public agency, and that said schedule of regular meetings shall be made available to the public. KRS 61.820. Special meetings may be called and held by following the procedure set forth in KRS 61.825.
OPINION OF THE ATTORNEY GENERAL
Under the Open Records Law, the Attorney General has the responsibility of receiving appeals from persons who have been denied access to public records by a public agency or who complain that the Open Records Law has been in some way subverted by a public official. KRS 61.880. While Mr. Wilson's complaint has to do mainly with the Kentucky Open Meetings Law, he states that he made a written request for records notifying him of the meeting schedule of the Bell County Health Board. We are treating Mr. Wilson's request as an Open Records appeal and, based on his statement of the facts, it is our opinion that you have not complied with the Open Records Law in that you have not allowed Mr. Wilson to inspect records which would indicate the meeting schedule of the Bell County Health Board. It is our opinion that you should immediately furnish Mr. Wilson a schedule of the regular meetings of the Health Board and give notice of any special meetings which are called as provided by KRS 61.825.
Under KRS 61.880(5) you must either comply with this opinion or institute proceedings within 30 days in the Circuit Court for injunctive or declaratory relief.
A copy of this opinion is being sent to the requester as provided by KRS 61.880(2).